South Dakota Statutes
§ 29A-3-713 — Sale, encumbrance, or transaction involving conflict of interest--Voidable--Exceptions.
Any sale or encumbrance to the personal representative, the personal representative's spouse, agent or attorney, or any corporation or trust in which the personal representative has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any person interested in the estate except one who has consented after fair disclosure, unless:
(1)The will or a contract entered into by the decedent expressly authorized the transaction; or (2) The transaction is approved by the court after notice to interested persons.
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South Dakota § 29A-3-713 (Sale, encumbrance, or transaction involving conflict of interest--Voidable--Exceptions.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
SL 1994, ch 232, § 3-713.
Nearby Sections
15
§ 29A-1-101
Short title.§ 29A-1-102
Purposes--Rule of construction.§ 29A-1-104
Severability.§ 29A-1-106
Effect of fraud and evasion.§ 29A-1-107
Evidence as to death or status.§ 29A-1-108
Acts by holder of general power.§ 29A-1-201
General definitions.§ 29A-1-301
Territorial application.§ 29A-1-303
Venue.§ 29A-1-304
Practice in court.§ 29A-1-305
Records and certified copies.§ 29A-1-306
Jury trial.§ 29A-1-307
Performance of acts and orders.